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EFF and ACLU Can Proceed With Legal Challenge Against Warrantless Searches of Travelers' Smartphones, Laptops

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EFF and ACLU Can Proceed With Legal Challenge Against Warrantless Searches of Travelers' Smartphones, Laptops

Postby MrFredPFL » Thu May 10, 2018 11:37 pm

Story : https://www.eff.org/press/releases/eff-and-aclu-can-proceed-legal-challenge-agai





The Electronic Frontier Foundation (EFF), the American Civil Liberties Union (ACLU), and the ACLU of Massachusetts won a court ruling today allowing their groundbreaking lawsuit challenging unconstitutional searches of electronic devices at the U.S. border to proceed—a victory for the digital rights of all international travelers.

EFF and ACLU represent 11 travelers—10 U.S. citizens and one lawful permanent resident—whose smartphones and laptops were searched without warrants at the U.S. border. The case, Alasaad v. Nielsen—filed in September against the Department of Homeland Security—asks the court to rule that the government must have a warrant based on probable cause before conducting searches of electronic devices, which contain highly detailed personal information about people’s lives. The case also argues that the government must have probable cause to confiscate a traveler’s device.

A federal judge in Boston today rejected DHS’s request throw the case out, including the argument that dismissal was justified because the plaintiffs couldn’t show they faced substantial risk of having their devices searched again. Four plaintiffs already have had their devices searched multiple times.

"This is a big win for the digital rights of all international travelers," said EFF Staff Attorney Sophia Cope. "The court has rejected the government's motion to dismiss all claims in the case, so EFF and ACLU can move ahead to prove that our plaintiffs’ Fourth and First Amendment rights were violated when their devices were seized and searched without a warrant.”





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